1. What is an expert witness

- difference between ordinary witness and expert witness
- distinction between 'expert' witness and 'professional' witness
- the role of the expert witness in civil litigation
- the role of the expert witness in criminal litigation
- dangers associated with expert witnesses.

2. Types of expert witness

- independent experts retained by the parties
- single joint experts (or court-appointed experts)
- assessors
- independent experts on discovery
- advisory experts
- 'experts ad hoc'
- experts on foreign law
- interpreters and translators

3. Duties of expert witnesses

Background - The Ikarian Reefer and other cases

- to tell the truth
- to be independent of the parties
- to be independent of the legal teams
- to assist the court to make its own decision
- to ascertain or investigate the relevant facts
- to educate the court as to the relevant specialist knowledge
- to reach an reasoned and honestly-held conclusion on the issues
- to co-operate with the client and instructing legal team
- to co-operate with the other legal teams when required
- to co-operate with the other experts when required
- to comply with any directions of the court
- penalties for breach of duties

4. Pre-trial procedure for legal team in civil proceedings

- identifying the issues requiring expert evidence
- identifying the type of expert required
- selecting an expert witness
- instructing the expert witness (including conflicts of interest and fee estimates)
- providing factual materials / arranging inspections / interviews with witnesses
- receiving the expert report
- consultations with experts
- exchanging reports
- arranging meetings between experts
- receiving joint reports
- preparing for trial

5. Pre-trial procedure for experts in civil proceedings

- accepting instructions
- receiving materials / carrying out investigations
- preparing an expert report
- consultations with client or legal team
- exchanging reports
- meetings between experts
- preparing joint reports
- preparing for trial

6. Pre-trial procedure for experts in criminal proceedings

- criminal investigation
- book of evidence
- disclosure
- notice by defence of proposed expert evidence

7. Admissibility of expert evidence

- relevance
- necessity ('the common knowledge' rule)
- qualifications
- reasonable body of knowledge
- economy in litigation
- equality of arms
- hearsay
- opinion
- the 'ultimate issue' rule

8. Requirements of an expert report

9. The role of the expert at different stages of the trial process

- pre-action - whether a cause of action exists
- pleadings
- particulars of pleadings
- discovery
- inspection
- ex parte applications
- interlocutory applications
- cases heard on affidavit
- case management
- plenary hearings
- oral evidence generally
- examination in chief
- cross-examination
- re-examination
- concurrent evidence ('hot tubbing')
- preparing to examine an expert witness
- preparation by the expert to be examined
- the role of the decision maker
- the charge to the jury
- appeals concerning expert evidence
- fresh expert evidence on appeal
- expert evidence and miscarriages of justice

10. Types of case involving expert evidence

- personal injuries
- road traffic accidents
- workplace accidents
- medical negligence
- accidents relating to land
- construction disputes
- planning disputes
- cases involving forensic accounting
- professional standards
- family law
- intellectual property
- asylum and immigration
- cases involving forensic science
- property law cases
- conveyancing
- landlord and tenant
- easements

11. Irish rules of court concerning expert evidence

- general
- High Court personal injuries
- High Court chancery / non-jury / commercial
- Circuit Court
- District Court
- Quasi-judicial tribunals
- Inquests

12. Alternative Dispute Resolution

- arbitration
- mediation
- conciliation
- adjudication
- expert determination

13. Misconduct by expert witnesses

- perjury
- contempt of court
- professional negligence
- immunity of witnesses, including expert witnesses, from civil action
- fitness to practice
- 'wasted costs' orders against non-parties
- public criticism of named experts
- codes of conduct for expert witnesses
- training of expert witnesses

14. Taxation of costs of expert evidence


APPENDICES

Essay by Adrian Hardiman (1999)
Template letter of retainer for expert witness
Template of expert report
Template of joint report following meeting between experts
Rules on expert evidence
Suggested code of conduct